Pre termination penalty in employment contract

[the lynx]

I know but damage is done and we learnt lesson for life.

What is the maximum punishment/worst think that We can get (she is paid only 1k) and I am on EP.

Since her salary is below SGD2k, she is protected under Employment Act, the links are shown above by other posters.

[zzm9980]

The answer is in the contract:

less than 1 year 10.0 k
less than 2 year 7.5 k
less than 3 year 5.0 k

Since she is covered by the employment act, it is actually incorrect.

Per the employment act, for breaching the contract she would have to pay just the amount of her monthly salary per her prescribed notice period (also in the employment act.

I don't know how long this person has been employed, but it would be their salary ($1k SGD per OP) over one of the following three periods of time:

one day’s notice if he has been so employed for less than 26 weeks;
(b)
one week’s notice if he has been so employed for 26 weeks or more but less than 2 years;
(c)
2 weeks’ notice if he has been so employed for 2 years or more but less than 5 years; and[/list]

So at most, ~$500sgd / 2 weeks salary.

Read sections' 10, 11, and 16 (all very brief) of the employment act for source.

[Wd40]

Good you mentioned the name of this company. I am in the midst of a job search and I have come across ads from the company. I am going to be very careful with them.

In general, whenever I get an offer letter, the 1st page that I turn to is the termination clause and notice period pages. You must be really desperate to get a job for your wife, to agree to those kind of terms for that salary.

[Beeroclock]

Hope MOM will lend some advice/support. The clause is ridiculous "In the event that you resign or are terminated (for any reason)". If you have evidence of employer behavior to pressurize your wife, i.e. the unpaid overtime requests etc, I would try to keep specific notes on that as it might help support your case that it's an aggravated resignation.

[AngMoG]

Just to chime in here, I believe that clause may be qualified as "unreasonable" and thus be void. What is "reasonable" in SG law is a pretty stretchy term, but this one should fall outside its bounds.

[Beeroclock]

Just to chime in here, I believe that clause may be qualified as "unreasonable" and thus be void. What is "reasonable" in SG law is a pretty stretchy term, but this one should fall outside its bounds.

yes exactly, if you follow this clause literally, employer could terminate employee on day 1 (for any reason) and still demand $10k

[zzm9980]

Just to chime in here, I believe that clause may be qualified as "unreasonable" and thus be void. What is "reasonable" in SG law is a pretty stretchy term, but this one should fall outside its bounds.

It is unreasonable, which is why I believe the employment act put the financial limits on it that are much lower than what the contract calls for.

[x9200]

Has the employer expressed anyhow the intention of charging this penalty? From my experience with various local agreements/contracts they are full of absurds like this one or even much better and in practical life it get hardly executed (if there is any legal possibility at all).

[lalitpct]

Now she has been terminated ,, what are the options that I can have now.
Dont want to be constant fear of some legal notices ..at present they dont any address of us (while joining stayed at differentt house)...
What I can do from my side to be on safe side..

[Beeroclock]

Now she has been terminated ,, what are the options that I can have now.
Dont want to be constant fear of some legal notices ..at present they dont any address of us (while joining stayed at differentt house)...
What I can do from my side to be on safe side..

Did you try contact MOM for their advice/support ? As already mentioned in several earlier posts.

[lalitpct]

Now she has been terminated ,, what are the options that I can have now.
Dont want to be constant fear of some legal notices ..at present they dont any address of us (while joining stayed at differentt house)...
What I can do from my side to be on safe side..

Did you try contact MOM for their advice/support ? As already mentioned in several earlier posts.

I did and they said they can help in Overtime allowance but not in contract stuff . All those things are handled case by case by the courts.

WHile terminating I asked my wife not to sign anywhere and hence they changed the termination letter where it has signature of only manager and not ours. they terminated in one day so that I think is illegal also performance was also not that low ( but we are at there mercy)..
This month salary also pending (on 7th) , so anything that I can do apart from this..

I am surprised that such fraud companies are running in sg without any fear of law , they are generating revenue by penalties and not through regular business..

[beppi]

This is what I would do in your situation:
- Forget about the last salary - you will probably not get it without legal trouble (which isn't worth it!).
- Do not pay the penalty, even if the company asks for it (I personally think they will not ask). Then the company would have to go to court for it (which most likely they won't find worth the trouble, especially given the risk that they might lose).

[lalitpct]

Has the employer expressed anyhow the intention of charging this penalty? From my experience with various local agreements/contracts they are full of absurds like this one or even much better and in practical life it get hardly executed (if there is any legal possibility at all).

They asked money but spouse said NO , and then they said your call

[lalitpct]

This is what I would do in your situation:
- Forget about the last salary - you will probably not get it without legal trouble (which isn't worth it!).
- Do not pay the penalty, even if the company asks for it (I personally think they will not ask). Then the company would have to go to court for it (which most likely they won't find worth the trouble, especially given the risk that they might lose).

Even i dont want last salary but dont want them to hit the first blow by sending some legal notice...want to safeguard myself.

[beppi]

Starting a lawsuit is a basic right everybody in a free, democratic country has.
You cannot prevent them from going to court if they want to.